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Will.com / Power of attorney / Pennsylvania

PA · Durable Power of Attorney

Pennsylvania power of attorney requirements.

Name someone you trust to handle your finances if you can't. Document generation isn’t currently available in Pennsylvania while we review its rules for online legal document services. The signing requirements below still apply.

Requirements at a glance

Witnesses required2 witnesses
NotarizationRequired
Statute20 Pa.C.S. §5601 et seq.

Key features in Pennsylvania

  • 9 'hot powers' requiring express grant under 20 Pa.C.S. §5601.4: trust creation/amendment/revocation, gifts, survivorship rights, beneficiary changes, delegation, joint-and-survivor annuity waiver, fiduciary powers, disclaimers, access to electronic-communications content
  • Required statutory NOTICE to principal under §5601(c), which the principal must sign, and agent acknowledgment under §5601(d)
  • Requires BOTH 2 witnesses AND notary (§5601(b))

Who can witness your Pennsylvania POA

I am not the agent designated in this power of attorney, not the notary public or other officer before whom the principal acknowledged this power of attorney, and not the individual (if any) who signed the power of attorney on behalf of and at the direction of the principal (20 Pa.C.S. §5601(b)(3)(ii); see also 20 Pa.C.S. §5601(b)(2) for the by-mark/by-another disqualification). If I took the acknowledgment of this power of attorney as an attorney at law, I am not acting as one of the two witnesses required by 20 Pa.C.S. §5601(b)(3)(ii).

Document generation isn’t currently available in Pennsylvania.

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